The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007

Made: 7th March 2007

Laid before the Scottish Parliament: 8th March 2007

Coming into force: 1st April 2007

The Scottish Ministers in exercise of their powers conferred by section 20, and section 36(2) and (3) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003[^f00001], and of all other powers enabling them in that behalf, after consulting with the persons specified in section 21(1) of that Act, having published a draft of the proposed general binding rules in accordance with section 21(2), having had regard to the representations received about the proposed rules in accordance with section 21(4) of that Act, and having complied with the requirements of section 21 of that Act, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005

2

In the Water Environment (Controlled Activities) (Scotland) Regulations 2005[^f00002], for Schedule 3 (General Binding Rules) substitute the Schedule 3 contained in the Schedule to these Regulations.

SCHEDULE — NEW SCHEDULE 3 TO THE WATER ENVIRONMENT (CONTROLLED ACTIVITIES) (SCOTLAND) REGULATIONS 2005

Signed

SARAH H BOYACK — Authorised to sign by the Scottish Ministers — 7th March 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations, made under Sections 20, 36(2) and 36(3) of, and Schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3) make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (CAR).

Schedule 3 of CAR is revoked and re enacted to effect changes to the General Binding Rules contained there.

The re enacted Schedule 3;

• (a) retains, as Rules 1 to 11, the previous General Binding Rules with slight amendments, extending their scope; and

• (b) adds, as Rules 12 to 17, General Binding Rules relating to–

• (i) the removal of sediment from the beds of rivers, burns or ditches and its return;

• (ii) the placement of boulders in a river or burn;

• (iii) the temporary abstraction of ground water; from construction sites, maintenance works, or for the extraction of geothermal energy.

Footnotes

[^f00001]: 2003 asp 3; section 20 was amended by regulation 3 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) and schedule 2 was amended by section 66 and paragraph 6 of Schedule 2 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

[^f00002]: S.S.I. 2005/348; amended by S.S.I. 2006/553.

[^f00003]: 1968 c. 47.